H97 - 2015 Appropriations Act, Sec. 14.26: Reform Civil Penalties Under the Sedimentation Pollution Control Act (SL 2015-241)

Overview: Sec. 14.26 of S.L. 2015-241 amends the civil penalties under the Sedimentation Pollution Control Act as follows:

• Creates a process whereby the Sedimentation Control Commission (Commission) may make a determination on a request for civil penalty remission.
• Establishes factors that the Commission must consider in determining whether a civil penalty remission request will be approved.
• Provides that when a person is assessed a penalty for a violation for the first time and has abated continuing environmental damage resulting from the violation within 180 days, the maximum civil penalty that may be assessed is $25,000.
• Directs the Department of Environmental Quality, local government, or other approving authority to offer assistance in developing corrective measures for persons who have not received a previous notice of violation under the Act.

This section became effective September 18, 2015, and applies to civil penalties assessed and notices of violation issued on or after that date.